Section 126 IPC - Committing Depredation on Territories of Power at Peace

Section 126 of the Indian Penal Code, 1860 dealt with committing depredation, or making preparations to commit depredation, on the territories of a Power in alliance or at peace with the Government of India.

Text of Section 126 IPC

Historical amendment note: The Adaptation of Laws Order, 1950 substituted the expression "Government of India" for "Queen" in the provision.

Meaning and scope of Section 126 IPC

Section 126 formed part of Chapter VI of the IPC dealing with offences against the State. The provision protected the territories of a foreign Power that was in alliance or at peace with the Government of India against depredation originating from conduct punishable under Indian criminal law.

In this context, depredation refers to plundering, pillaging, destructive raiding or similar hostile taking or destruction of property. The section was wider than punishment for a completed act because it expressly covered both the commission of depredation and preparations to commit it.

Essential ingredients of the offence

For Section 126 IPC to be attracted under the pre-BNS legal framework, the prosecution had to establish the facts bringing the alleged conduct within the statutory language. The principal elements were:

• there was an act of depredation, or preparation to commit depredation;
• the conduct concerned the territory of a Power outside India covered by the section;
• that Power was in alliance or at peace with the Government of India; and
• the accused was legally connected with the prohibited act or preparation in the manner required by criminal law.

Punishment under Section 126 IPC

Property liable to forfeiture

The section expressly contemplated forfeiture in addition to imprisonment and fine. The statutory language covered property used in the depredation, property intended to be used for committing it, and property acquired through the depredation. The forfeiture component therefore directly connected the property consequence with the prohibited conduct.

Preparation itself was punishable

A significant feature of Section 126 IPC was the express inclusion of a person who "makes preparations" to commit depredation. Accordingly, the statutory offence was not confined to a completed raid or act of plunder. Whether particular conduct amounted to preparation for the offence depended on the facts and evidence of the case.

Related IPC provisions

Section 126 should be read in its statutory setting. Section 125 IPC dealt with waging war against an Asiatic Power in alliance or at peace with the Government of India, while Section 127 IPC dealt with receiving property taken by war or depredation mentioned in Sections 125 and 126.

Pre-BNS procedural classification

Under the First Schedule to the Code of Criminal Procedure, 1973, an offence under Section 126 IPC was classified as cognizable and non-bailable, and it was triable by a Court of Session. This classification belongs to the IPC-CrPC framework addressed by this article.